r- -. :i DON'T RAY A ....... , i . Y ood evening" The Wtathsr. i Fafr "tonight - and pyrmwvsi wiiius.i y VOL! IV. NO. 92. lEFlNHMs; THE 'Opening Statements! in Senator Mitch ell's J Trial for Land Frauds '. Star tie Auditors; FREDERICK A KRIBS SWEARS r , . . ii ... ft - V' 'ir Identifies Check Paid Tanner For Mitchell's Serv- .. - ices in Expediting Cairns For lhr Oi'rtr of an, hour thla morning I'nttM States District Attorney Hffiwyj hld th Intense, attention of lly J'ify. defendant 'and he crowd wnicn pmcsrti me ,rw-r.i . can the government experts, , to conviH - Senator John U. Mitchell. It was a 7 strong presentation Jof the "sse,- given ' logically and forcefully, and many, an eye was turned curiously toward the de- fendant . a the prosecuting , attorney i. spreaa out nis lacis. , y e . , . ; . But Senator WltcheU gave little sign , of anxiety or concern, though Te f pl ' lowed with closest Interest evenr word ,j. that was apbken. glancing occasional! ft the jury as If to observe the effect vt ilenejr"s statements. -ir ,-z.tj- - Judge A. fl. Bennett followed the dls :. trtrt attorney, presenting briefly att ou j Una of the proposed defense. He denied that there had been anything inherently WW'wmrf f tw Wwt'tteilfa -acts. ven tf- M sliouia ba found that lie nad tecimieaiiy violated the law. H . deolared .tluit i: Senator illtchell while, at Washlngtotf f hd beenso overwhelmed with publlo ' affairs that he had little time ror prl vate business, and' that a natural cere- . lessness - in such matter mde htm v negligent as to his own personal affairs. . Judge -Hennett alluded feelingly to the age of Senator Mitchell and lils falling -health, and declared that In the effort ,tu fssten on-htm the responsibility for the land frauds the government -was : allowlog the real criminals to escape. , . Ooartraot Xa Sworm To. , Frederick A. Krlba teetlfled In the -brjet time that he occupied the witness stand Tht morning that he had entered Irrto a contract .with Judge A. Tan ner, for the firm of Mitchell Tanner, to have title to 40 claims expedited be- l- fore the general land office,' and that . he met Senator Mitchell in the firm a office and spoke to him on thla -subject, so that ha must have, been cognisant of the nature of the work. The first check - of SS00 given In payment was produced, . also a letter-written toy- Senator Mitch veil to Commissioner of the Oenersl lnd . Office - Blnger Hermann, aaklng . that the status of theaa claims be In quired Into, and asiurlnjr the com ml s- slonen that ha (the senator) would call on htm personally ln.resard to the mtL- jler when hecam to Washington. Assoon as court had convened thM , morning Tlsin"l" AttnrnejrTTeney en tered on the presentation to the Jury of the government' case. ,He spoke as follows: ''. , Xeney's Statemest. "Gentlemen of the Jdry.lt " becomes my duty to outline the Isnue which you are to try In this case and briefly to state what the evidence I which the government expects to produce In sup port of Its contentions. Ths Indictment charges John II. Mitchell with having received fees for services performed before the general land 'office or the Interior department, during the time he waa I'nlted States senator from Oregon, and that these fees were paid htm for services rendered in matters 'in which th I'nlted States waa In terested. That la the begtrVnlng and the . end of the offense charged.-that John U Mitchell while I'nlted Htates mi. - K tir mmIvaiI f am before Henairtmetit at Washington for services in m mat ter In which the I'nlted States hsd an , interest The atatute provides that no senator or congreaamnn sharH receive comoensatlon. either directly or Indfr- rectly, for such services, and I call youfTTo Senator Mitchell as before. attention particularly to the language directly or Indirecfly.' fer it waa. ob i vlously thejntentlnn of the law that m congressman should- not evade its pro visions by entering Into a partnership and having the free patd to hla parfner instead of to himself." " Mr. Ileney then read the statute to DUEL FOR LOVE MAY . COST TWO LIVES (Joarsal SsMlal Snvlee.) ' , ' 6n Bernardino. Cat, Jun? tl.-rJoa Hernandes and Ponteleon Msgdalena are dying at the county hospital of pistol wounds close to the heart,- as the result of a duel fought In tha- outskirts -of the town , at aa early hrajr this morning. Both became enamored of a pretty Mex---lean girl.' She profesaeo love for both, and to settle which-should win her they decided upon a duel, and shortly after midnight took revolvers, went to the suburbs stood off to pacee,-turned on each other and fired. Roth dropped and fired, again. When found by the pollca Hernandes said ho PENNY MORE tr .Tffurailay; Connection With TO AGREEMENT, WITH FIRM Patenting of Oregon Mitchell Is Calrti.! tie Jury, laying stress on Its conclud ing provision that "every person offend ing aratnst this section shall be deemed guilty of a misdemeanor and shall be ,,,.. . . ,T. shall, -moreover, by conviction thereof. be rendered - foreyer thereafter incapa ble of holding any office of honor, trust or profit under the government of the United States." "That language clearly ahowa," con tinued the district attorney, "that the lawmakers .did not regard this as a trivial offense. . They looked on It aa a grave matter and a crime that must be severely punished.'? In a word, you have to determine whether John;H. Mitchell uaed public, office for private "gain. You should not be asked to find a verdict of rQlty unless the government la able to prove Its caae beyond a reasonable doubt laeV 1-will go step far ther, and I wtll not ask you to find th1 defendant rullty unless w prove that h violated tile law with -full knowledge Of his- own acts.'.and with full knowr edge that ha was receiving fees for acta which were forbidden by law." i--Mr. Heney then outlined the fact which the government . expected.to prove. Me . stated that an agreement was mad October 16, 1901, between Frederick A. Krlba and Judge Tanner, Senator Mitchell's partner, by which. It waa agreed that the firm of Mitchell ft -lannecjhould take charge of the ex pediting to patent of; 10 timber claims, which were then under Investigation at Washington under charges of fraud. --T-r- yV atltoheU JKaew. "We shall show." said Heney, "that Krlba agreed to pay t&Ou. Jwn and $500 more when patents were Issued on the Claims. The first payment was made. Krlbs saw Mitchell a little later and told ram of an agreement which had been made with Tanner. Mitchell tolj him to arrange all details with Tanner, and a few days later Mitchell told him that heha vwrttten a -letter-to-the commissioner of tee land office regard ing these claims. W ahall show that such a letter was written from San Francisco to Commissioner Hermann October it. 1101. Thereafter Mitchell went to Washington, where he used his bearefforts to expedite the claims." Letters from Tanner would be pro- ' i ' tf-trlrt -""fflrfr" In which ha referred to tha Kriba claims and the sums due' the Arm for Mitchell's services. . - "A second agreement was made In February, 102, by Frederick A. Krlbs with' the firm of Mitchell ft Tanner." continued Heney, "whereby It waa agreed that the firm should take charge of about 20 more claims in which 8. A. D. Puter was Interested. Krlba agreed to pay ftot down and 2S00 more after patents had been Issued. He paid the first IS00 February It. 1102, and Tan ner wrote to Mitchell telling him that the money had been paid. Mitchell then did all he could to expedite theaa Puter claims to patent". - Th manner in -which tt la charged that the money waa paid was related by .the district attorney. One half of the fees paid by Krlba waa deposited, ha said. In the Merchants National bank of thla city to the credit of John H. Mitchell, trustee. Finally. In Mar. 102. patents were issued on all of the 70 claims In which Krlbs wss Inter ested and tha balance of the promised fees, tl. 000. waa paid, one 'half going ' AaotHer Seal Wttk Krlba. . Still another deal waa made by Krlbs with Mitchell ft-Tanner, said Heney. and by thla agreement tha firm waa to receive- $1,000 more- for aervlcea in con nection with certain lieu land selec- (Continued on Page -Two.) had been robbed, but could trtva no de actlptton of hla aaaallant While Magda lena aald that hla wound waa self -in-' flirted. . ...... '-The offlcera worked every possible lue from robbery . to Jealousy, , and finally a countryman of tha dying duel In ts explained, the causa of the trou ble. - , - It' la anderstood that warrants will be Issued for tha arreaf, of both par ticipants In the duel and should either live ha will be prosecuted for. assault with a deadly weapon. In tha face of tha facts both, wounded men stick te their original stories. . --, . . THAN TWO CENTS FORTHE EVENJNG JOURNAL ON THE.STREETQ V X ' " I' .w - V ' 1 WK.' ' w - - . ... . I PORTLAND. ; OREGON, , WEDNESDAY . EVENING, JUNE ONUS S5EEKS mm Li 4 If f V t f- Mia. Anna Amemit, the $12,000 a ;-!- l( I'll . . .y--. . ,' " 111 r-i&r. : W II 1 i v ft- i , - f - i (it r the EquiUble Life Assurance Society; Whose Portrait, tt Also. Shown. "TEDDY IS MADE DOCTOR OF: LAWS -' : -- - . - - . . - ;w t.,. .... i ' President Welcomed to Worcester Where He Delivers an .Address . . t Graduates of Clark Colleger-Pays Tribute to Sen-' i Journal Special Berries.) ' t ' Worcester.Mass.. June ll. -President Roosevelt ; arrived . a t :2 1 ; o'clock ' this morning. A 'committee- ot citterns headed by. Lieutenant-Governor Guild and Mayor Blodgett boarded tha car and welcomed the executive to the atate and city. . .' The city la gaily decorated tn honor of the president's visit""" Tsr large' crowd ef residents and-victtors fitted the streets to get a glimpse of the visitor.. Several com pan Ire of militia, veterans of the civil and Spanish war- escorted- the president to Clark. university, where he received -tha degree of 1J D. . and de livered an- -address 'before -an en thus 1 astlo audience of 1,200 persons. ' Tha exercises -were held in tha col lege gymnaalum, which waa ; tastefully decorated for the occasion. 'Prealdeot Carroll D. Wright prealded, and the in troductory remarka were .delivered by IJeutenant-Ooverndr Guild. . At the con clualon of his brief address President Ronaevelt waa honored with tha degree of doctor' of laws. In the course of tils France makes reply -on morocco question -'-::. --t ' ,.' (JaersaF SseeUI eSvtaa.) rarla. June 21. Francea reply to the German note suggesting in International conference on tha nuesMon of Moroccan reform was handed the Oerman , am baeaador thla afternoon. The note ex pressed In full France's . view on tha Moroccan' question end" outlines ' tfrs condition under which France will be come a participant In the eonference. It la understood that the- answer as serts that France has alwaya respected the Integrity of . Morocco-and stood for the open door.- CAPTAIN SMITH WILL ' . REMOVE JONES BODY ' (Joarsal Special Serrlea.) Paris. Juna Ji. The American .em baaav has delegated Captain Smith, naval attache, to have charge of the de talla connected with ths removal. of the body of Paul Jones and to 4an tha cere anoniee. c 1 ' -. :" . V " . . ' -. "' - -V-.'S . - Yaar Secretary to Gafe ETarbell, of 'j. . remarks 'he paly a warm tribute to the memory' of Senator 'Oeorge'F. Hoar, wbo. duslng- his lifetime, was tme of the meet conspicuous benefactors of Clark (olhsge. -" After the exercises' at -Clark college the r president -paid a vlult to Holy Cross college.1 where ha was (Ivan another enthusiastic reception. - The-run from Washington wss made without incident Tha president ate breakfast on ' the train with ' Dr. Rtxey and Secretary Ioeb! At Putnam a large crowd gathered about ' the station and tha president made a few remarks. Thla morning the president ' wired the captalna of Harvard and ' Yale crewa, who will' conteet'St NewLendon next week, waVIng that' he wlsned ha could see the race end told Tale that ha was sorry lie could ' not - wish utam (Ood luck.. -. ' i '; ... On the way to-the colleg the presi dent rode with Carroll D. Wright, former labor commissioner, now head of Clark college, and President- O. Stanley Hall of the faculty.-who welcomed -the preal flent at the- university. : - r NEW YORK NEGROES WITH . ; WHITE WOMEN AS WIVES . ' -. i . - t tJearasl HHcUl Service.) New Tork.' June 1 An IntereaTIng al tered Tact came to Pollce'Commlssloner McAdoo In the way. of complaints from some negroes who are discontented be cause whifa women are not allowed by J tha' police to enter '. saloons where negroes drink.. Negroes look upon this as -unjust discrimination. A. negro law yer writing to the commissioner saed that 2,60 negroes u New. Tork had whit wives. .;. , v . - RUSSIA SEIZES FUNDS RESERVED BY FINLAND ' " Uoarsat 3edel Servtrs.) Helsingfordtr June II.1 ToealderaMe excitement'-. bn -caused by the re port that tWa Russian' government has deotded. to eels Finland's epectal re serve fund, amounting U tll.ioo.ooo, for war purposes. Thla fund, has been helj sacred until ell other resources- of Fin land war exhausted. -- ( . . 1 1 ' .A, . ' V - 1 ' ' . 1 ' 21, 1905. FOURTEEN PAGES. ALEXANDER AND HYDE . OUT OTHERS TO GO (Journal Special' service.)' J New York. June 21 tha resignations of James W. Alex ander as president and James 11. Hyde as vice-president of tha ' Equitable Life Assurance society have been accepted by Chairman Paul Morton. . . . One of tha changea expected Is the retirement of Miss Anna Amendt.' the 112,000 a year sec retary to Gage TarbelL , KING CONSENTS TO 'THE SEPARATION Union Maintained by Coercion Would Be Small Value ,t6 ' Sweden, Saye Oscar. , : ; : ,i ., , .- , ' ' .' v .-. ':' ' : ' - .-' : - v" f TO PEACEFULLY SETTttT 5" i TWO COUNTRIES AFFAIRS Premier Recommends to Ricks ;5 dag That Pacific Measures ZT.ji..:I:A.: Be Taken. " . il i (Joaraal Sseetal Servtrs.) . Stockholm. June. 21. When .the ricks dag assembled today in1 extraordinary session to consider ' tha dissolution of tha union by Norway,' tha government Immediately .introduced a bill aaklng for authorisation to enter Into negotiations with the.. Norwegian. : storthing, condi tional upon a settlement of tha ques tions involved In tha, separation of tha heretofore dual kingdom. ' Premier Ram atedt recommended - thtpecif io meea ureajb taken. v ' -The premier declared that tha negotia tion was necessary to, definitely clear up .the situation. Several members con curred In the premier's views. . -The king then addressed the aaaembly a lull thst ha hart srtrd MfJHn Ity with tha continuation of tha united klngdoma, with full desire for tha wel fare of tha two peoples, .' "The bill pyeaeAtod to tha riksdag does not aim at replying to injustice by acts of coercion.- said the king. . "The union la worth, sacrificing which would causa coercion to maintain, for such a onion will be of little value to Sweden." Tha king expreeeed the hope that Swe den will regain within Ita own borders, what it had lost by dissolution. . PATROLMAN SHOT IN A -BATTLE WITH THIEVES ' w (Journal Special Service.) Chicago, Juno 21. In a revolver bat tle following-discovery by the - police early thla morning of five burglars in a butcher shop at the stockyard s. District Officer McOeoghan was ahot In the head and will probably die. Two- robbers, John Mshoney and James O'Hearo, were captured. Mahoney ..waa shot la tha thigh. -The three escaping robbers" left a trail of blood. . . CHICAGO MOB ATTACKS TEAMSTERS U cereal Special tervlca.) Chicago, June 21. Thirty wagons, of the American Express company were blocked by teamster -on Clinton and West Van Ruren " streets- for several hours thla morning. A mob of several hundred atrtka sympathisers surrounded the wagona and resisted the deputies. The police finally dtsperscd-Uhe , crowd and released the wagons. Xarrard Moas for Sal. - (Joaraal Special Set rTr.) V TJSndon," June 21. Harvard bous.. In Pt rat ford -on-A von. one belonging to the family John Harvard, founder ot Harvard uTrlverslty. was offered for sale at public "imct ton today. The property will probably be acqulred'by th ehake spear Birthday association. . ' ; " ' i Oe vera or Xm-la Xoaere. tJoersal Sperlal Service I Medford.'MAss.. June II. At Its an nual . commencement exercises today Tufta college conferred the honrtrary desre of LU IX upon Governor William L. Douglas. PRICE TWO (PDEEE LAYS PLOT At Behest of Republican Machine Would Rob ' Mayor of Power. : APPOINTMENTS T0BE ' TAKEN FROM HIS HANDS Ordinances, Drawn Up and Will Be Presented f or Passage With Aid of Some Members. - This Afternoon. - If the plan's of certain membera of the Republican machine are carried out thla afternoon at me meeting- -im council, the mayor of Portland will be ahorn of hla power to appoint men to r"L.UVfIr ? " "P - - - tees. Ordinances are prepared and ma4 bo presented to the city council- this afternoon- to take tha appointing power out of the hands of the mayor and vest It In "thw city council. ' ' "k - This TS nothing mora nor less than a thrust at Mayor-elect Harry Lane by the. Republican machine which la doing' all In .'Its power -t ereste friction be tween the new city council and ths new executive. Several members of the city council are working aa tha tools dDf tl machine leaders, - and It Is stated that certain of tha new councilman are fa vorable to the plana. - ' - It la desired to place' tha appointment of the building Inspector and plumbing inspector and the various council com mittees In the bands of tha city coun cil, in order that all tha patronage may be retained by the Republicans. It waa planned to Include the auperlntendent of the garbage"-crematory In the list, but it baa "been discovered that they-cannot do thla aa the selection of a gar bag auperlntendent by the mayor haa to i be sanctioned by the board of health. Thla power la granted by the city char, terv -' - If the plana of the politicians are suc cessful tt mesne that tha committees of the council can be arranged In auch a manrier that they can haraaa and balk every wish of the mayor during hla en tire administration. It further means that Building- Inspector Howard Whit ing and Plumbing Inapectojt Thomae E. llulrae. who were the creatures of Mayor Williams and the present city councllJ may be retained m .Office agalnat the wishes .of the present mayor. , Tha "proposition ia looked on with much disfavor by some membera of the presegt eonnctl, and a determined effort will be mad to prevent the ordinances om,belng introduced, or If they-are men A. F. Flegel, H. R. Albe and Mat Foeller iiave expressed themselves-- as strongly opposed" to the proposition. Other members were unwilling to dta cus tit proposition, -j Msyor Williams waa of the opinion before the council meeting that tha or dinances would not be introduced. If they are introduced an attempt will be made to refer, thorn to a committee, and if such IS tha case they may not be acted on definitely until the new 'council Is seated... -' REAL CLIFF iJWELLERS DISCOVERED IN MEXICO ,. . - (Jenraal lpc:UI Serrlee.) BI. Paso, Tex.,' June 21. Near Magu ralachic. .In Chihuahua, Mexico, a re markable discovery of a race of cliff dwellers haa - been mad. . Th report of their existence waa brought, out by Ren Goods, a miner, and Father Mariano Guerrero, a Catholic priest, The people live in chit nouses exactly aa th sup posedly, extinct race of cliff-dwellera lived, and stiBslet on corn and game killed with crude weapons. They run on tha approach of stranger Their vocabulary is different from any known In Mexico and la said to consist of a few words. They sra very small In stature. ' HIGH EST TOWER IN -p TH E UNION P LAN N ED (Joaraal Rpeeltl tervlee.t New Tork, June 21. Th Metropolitan Life Insurance company haa decided to erect'the highest atructaT In this city. According to the pieeent plans of tha ar chitects. It will be l0 feet high, just s trifle higher than th Washington monu ment Thla la to be a great tower, built alongside th magnificent building "In course of erection, n Msdlson avenue. Tha company ,owna all the land In tha block, which is 4!S feet long and 1T feet wide. To acquit tha land It was nscesssry to buy not only one of the most famous residences ' at old Now The Circulation ' Of The'Joufnaf " -Ytrday-W CENTS ,?I!ir?a cJEK 01 DEAD i. - Crazed Man ! Shoots Into Crowded Streets From Hotel Window. - BLOWS HIS HEAD OFF ' - TO PREVEIW CAPTURE Maniac Uses Shotgun and Pistol With. Terrible Effect Upon Passerar-by on Sah Fran- , . cisco Streets. -.'- . - '" (Joaraal Special Service.) : : . San Francisco, June 21. A man aup posed to 6av been Thomaa lAteb, armed with, a shotgun and pistol, barricaded himself in his room on the fifth floor--. 1 of -thenrted-Btate.T.oIer-at-T:20r I , .. , . dcioti inn mvriiiua iji nip uvu window, ahot down nine passers-by, on of them a policeman." and then putting " the revolver Into his own mouth blew off his head. -' , . , ' .. The wounded are: ' : C. T. Chevalier.' ahot In the left .ye. Wong Quong. shot In tlPMeft hsnd. i-oure urricer rsincx n.isanq, anoi m the left cheek. .. W. B. Corf man. -shot in the right cheek.nosa and forearm. Kmll Robert, ahot In tha left knee. - Vincent Roumente,' ahot In the eat and Jaw. - . , W. Jones, ahot In the light JawJ f ""George It Blangdon, shot In the cheet and left arm. - , . Joseph Laribee. shot through the lip, Cheek, eye and shoulder." - - The - would-be murderer and suicide, who waa unknown to tha hotel attaches, registered at the hotel about 8 o'clock; last night aa" Thomas Loeb, but he gave no address, H appeared entirely- ra tional when ahown Into hla room and, was quiet during- the night -i Shot Into Crowded Street. About 7 o'clock this morning he aroa . arid dressed. The street at the tlm was filled with persona on their way to work. . Without warning the madman atarted to shoot from the window. Im mediately tha poMce wer notified and 20 offlcera hurried to the scene. . Lol barricaded himself In his room, push ing the bureau against the door, and held them alt at bay. The street wss cleared of pedestrians and a number of " officers entered the hotel, rushed up to the man'a room and wer greeted with . bullets from a shotgun. Officer Patrick; Klsan -dropping wounded. ' Returning to his window the madman fired several shots at persona on th ' streets and several fell, sllshtle UIIUUI. 1US IIIBIIISU "llllll lllll heavy chair out of the window intoTHT eireei, dui 11 was caught by telegraph wires. . Officers continued to batter at tha door against, which Ixwb had placed by this time all tha furniture in th room. They succeeded In breaking th lock and were in a fair way of getting; the obstructions out of the way when Loeb. perceiving another officer rapidly approaching hia room on th fire es cap outside, returnee to the center of the room, placed hla ahotgun in hi mouth and blew off th entire top of htif bead. When the officer on the fir , cap entered tha room the man waa) dead. T , Tore Tp IMfty-DoIlar Bin. Scattered about the room wer frag menta of a number of 150 bill, which) had evidently been torn up Juat prior to th shooting In the dead- -man , waistband waa a butcher knife with seven-Inch blade, la hla pocket waa th address of the . British consul. . Among his effects waa found a work ing card 4f the I'nlted rothernnwl e Carpenter and .Joiners issued by th oun isiego union. From tha remains txteb was snarMt- ly a young man. He wore a suit of cheaply mad gray -clothing. He wsa armed with a ahotgun and av revolver. though how he got them Into hla room without attracting the attention of th hotel people ia not known. - Tork. but els tlfr-other noted stnic. lures Lyceum theatre. Academy of It- sign Snd Dr. Parkhursts Madison) Snuare Presbytertan church. - Th theatre and academy have already been rased and on the alte stands a great building of th company, 11 tort his'i and . covering the entire -Twenty. tiiir-t street front from Madison avenue t'i Fourth avenue. The two Twenty-fourfli street corn..- have not bee relmproved sod it la w . s these, row occuple.l by Ir. Paik u church,. tlfSt the tll.-t v .r i i or any othr elty la to b hui;t. for the tower Is 71 t y I . t GATION I